TRADERS, INC. v. BARTHOLOMEW

No. 507-81.

459 A.2d 974 (1983)

TRADERS, INC. v. Hollis BARTHOLOMEW, Clyde Bartholomew and Town of Benson.

Supreme Court of Vermont.

February 7, 1983.


Attorney(s) appearing for the Case

Bloomer & Bloomer, Rutland, for plaintiff-appellant.

Langrock Sperry Parker & Wool, Middlebury, for defendants-appellees Bartholomew.

Kelley & Meub, Ltd., Middlebury, for defendant-appellee Town of Benson.

Before BILLINGS, HILL, UNDERWOOD and PECK, JJ., and LARROW, J. (Ret.), Specially Assigned.


BILLINGS, Justice.

Plaintiff-appellant commenced a declaratory judgment action in Rutland Superior Court, seeking a determination whether a town highway located in the Town of Benson, and passing through to plaintiff's 121 acres of landlocked property, had been properly discontinued; and, in the alternative, whether a way of necessity existed across defendants-appellees Bartholomew's land affording plaintiff access to its 121 acre parcel. The trial court concluded...

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